DYING DECLARATIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND RUSSIA
AUTHOR – JOEL JAMES. J, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – JOEL JAMES. J, DYING DECLARATIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND RUSSIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 773-785, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The doctrine of dying declarations remains one of the most enduring yet contested exceptions to the rule against hearsay in criminal evidence law. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), India has retained a notably expansive framework, permitting the admissibility of statements relating to the cause of death without requiring belief in imminent death, without mandating procedural safeguards, and even allowing convictions based solely on an uncorroborated dying declaration. This approach stands in sharp contrast to the narrower and rights-protective models adopted in other major jurisdictions. The United States and the United Kingdom recognise dying declarations as limited historical exceptions, subject to strict imminence requirements and confrontation-based safeguards, while civil-law jurisdictions such as France and Russia do not treat dying declarations as a distinct evidentiary category, instead evaluating last statements within broader frameworks of judicial discretion and corroboration. This article undertakes a comparative analysis of the relevancy and admissibility of dying declarations under the BSA, tracing the historical evolution of the doctrine, analysing Supreme Court jurisprudence on reliability and sole-basis convictions, and examining philosophical, empirical, and constitutional critiques of the presumption of truthfulness in extremis. Particular emphasis is placed on Article 21 of the Indian Constitution and the tension between evidentiary necessity and fair-trial guarantees, especially in cases involving domestic violence, dowry deaths, and burn injuries where dying declarations often constitute crucial evidence. Through comparative evaluation, the article contends that reform is necessary to align Indian evidence law with constitutional fairness and evolving international criminal justice standards and safeguards worldwide.
Keywords – Dying Declaration; Bharatiya Sakshya Adhiniyam, 2023; Evidence Law; Hearsay Exception; Comparative Criminal Procedure; Article 21; Fair Trial; Sole-Basis Conviction; Constitutional Due Process; International Human Rights.